Customer service agreement Business account

Transcription

1 Business Services team Phone 13 LINK ( ) Internet Breeze.com.au EastLink and Breeze are owned and operated by ConnectEast, a group listed on the Australian Securities Exchange. For more information visit ConnectEast.com.au. Customer service agreement Business account 1 CE-MK-B-011 JUNE 2009 This brochure was printed in accordance with Ecolour - Sustainable Print Management processes. Environmentally and socially responsible, incorporating ISO14001 environmental standards.

2 1 Who we are ConnectEast Pty Ltd is the operator of the EastLink toll road, under a concession from the State of Victoria. Breeze is the name of our tolling services. Breeze offers tag accounts, non-tag accounts and EastLink trip passes. 2 This agreement 2.1 Features of this agreement This agreement is for the Business Account (account) that you have with us, which may be a Tag Business Account or a Non-Tag Business Account. The kind of Business Account you have chosen is confi rmed in your welcome letter from us. This agreement covers the rights and obligations attached to the account, including: a) your rights to use each Vehicle and Tag (where applicable) linked to your account for travel on EastLink, CityLink and other Compatible Toll Roads (if any); b) registration of each Vehicle linked to your account on the EastLink Register; c) your obligations to make or authorise the payments required by this agreement, to look after Tags issued to you (where applicable) and to keep your Account Details up-to-date; d) our rights to charge your account for use of EastLink, CityLink and other Compatible Toll Roads, and to suspend or close your account if you don t comply with your obligations; e) our obligations to provide you with statements about your use of EastLink, CityLink and other Compatible Toll Roads and to maintain the privacy of your Personal Information. 2.2 Commencement of this agreement This agreement commences when you accept this agreement. You ll be deemed to have accepted this agreement: a) if you applied online, when you indicate your acceptance on our Website; or b) if you applied over the phone or by post, when, after being provided with a copy of this agreement and a Tag (where applicable), either: i) your Tag (where applicable) or a Vehicle linked to your account is detected travelling on EastLink, CityLink or a Compatible Toll Road; or ii) you fail to notify us within 5 business days that you don t accept the terms of this agreement, whichever happens fi rst; or c) if you applied in person, when you indicate your acceptance. If you don t accept the terms of this agreement, you must notify us of this fact as soon as possible and, if you have a Tag Business Account, return the Tag to us as soon as possible, without opening the seal of the Tag pack. We ll refund any money you have paid in relation to opening the account. 2.3 Registration Each Vehicle linked to your account will be registered on the EastLink Register. When you accept this agreement, commencement of registration will be effective from the time you asked us to open your account, or any earlier time in accordance with clause 2.4(a). If your Vehicle is not registered on the EastLink Register and your vehicle travels on EastLink, the driver or the registered owner may receive an invoice or request for payment from us and may be guilty of an offence under the Act. 2.4 Application to earlier travel This agreement also applies to any travel on EastLink, CityLink and other Compatible Toll Roads in Vehicles linked to your account in: a) the 3 days before you asked us to open your account; and b) the time, if any, between you asking us to open your account, and the commencement of this agreement. 3 EastLink, Breeze and ConnectEast are registered trademarks of ConnectEast Pty Ltd.

3 3 Your account 3.1 Tags and Vehicles 3.2 Changes to Account Details 3.4 Additional statements 3.6 Amounts due generally a) You must: i) for a Non-Tag Business Account, link at least two Vehicles to your account; and ii) for a Tag Business Account, link at least two Tags or Vehicles to your account and at least one Vehicle for each Tag linked to your account. b) There is no upper limit on the number of Tags or Vehicles you can link to your account, subject to a satisfactory credit check. c) You may ask us to add new Tags or Vehicles to your account or remove Tags or Vehicles from your account at any time by notifying us of the Account Details that we need. You must notify us of any change to your Account Details as soon as possible, and not later than 3 business days after the change takes effect. If you don t notify us of a change in your Account Details, you might not receive important information from us or you might incur additional charges. 3.3 Statements We ll provide you with a monthly statement that shows the amount owing on your account, including applicable tolls and fees for use of EastLink, CityLink and other Compatible Toll Roads. You can also view up to date information about amounts credited or charged to your account and copies of previous statements by logging onto our Website. You may ask to receive your statements more frequently than monthly. However, an Additional Statement Fee will be charged to your account for each statement we mail to you in addition to your monthly statement. 3.5 Payment Terms a) You must pay to us the amount owing on your account by the date set out in your statement. b) You can pay amounts due to us under your statement by any of the payment options listed on your statement. We ll treat payments as made when we receive them. If you agree to pay, or owe us, any amount under this agreement, we may charge it to your account. If we charge to your account an amount less than the amount owing, this doesn t limit our right or ability to charge to your account or otherwise recover from you the remainder of that amount. 3.7 Account Management Fee We ll charge you a non-refundable Account Management Fee once per quarter. 3.8 KPI Credit We are subject to performance indicators, which if not met may entitle you to a KPI Credit. We ll notify you if you become eligible to receive a KPI Credit. Any such KPI Credit will be made available as a credit to your account for future travel on EastLink. 5

4 4 Your Tags 6 Using EastLink 4.1 Application of this clause This clause 4 only applies to Tag 4.2 Ownership of Tags Each Tag issued to you remains our property at all times. You have no ownership rights in the Tags. 4.3 Use of your Tags You must: a) retain possession of your Tags at all times unless we notify you otherwise; b) ensure that your Tag is not lost, stolen, damaged or destroyed; and c) install, use, return or dispose of your Tags in accordance with our instructions. This includes only using your Tags in your Vehicles that are of the same class as the Tag. For example, don t use a Tag for a car in a Commercial Vehicle. 4.4 Minimum Annual Tag Usage Amount If the Annual Tag Usage for any of your Tags is less than the Minimum Annual Tag Usage Amount for any of the fi rst three Tag Years, we ll charge your account with an extra amount equal to the difference between the Minimum Annual Tag Usage Amount and the Annual Tag Usage. 4.5 Tag Replacement Fee If your Tag is lost, damaged or destroyed, each time you ask us to issue you with a replacement Tag, you must pay the Tag Replacement Fee when we issue the replacement Tag to you. We ll hold the Tag Replacement Fee as a deposit for three years. We ll refund the Tag Replacement Fee if your account is closed within three years after we issue the replacement Tag to you Otherwise, after three years the Tag Replacement Fee will be credited to your account. 5 Licence plates on your Vehicles 6.1 EastLink Tolls and other charges The EastLink Tolls and other charges are published in the Victorian Government Gazette and are available on our Website. We change them in line with infl ation on 1 July each year. We may also have special promotions from time to time which you can see on our Website. 6.2 Travel on EastLink with a Tag Business Account This clause 6.2 only applies to Tag a) If we detect your Tag travelling on EastLink, we ll charge your account with the applicable EastLink Toll. b) Subject to paragraph (c), if we detect your Vehicle travelling on EastLink but don t detect your Tag, and the failure to detect your Tag isn t attributable to our Tolling System or a faulty Tag, we ll charge your account with the applicable EastLink Tolls plus the Image Processing Fee. c) We won t charge you the Image Processing Fee for any travel on EastLink by your Vehicle from the date of registration of your Vehicle under clause 2.3 until the time you receive your Tag. 6.3 Travel on EastLink with a Non-Tag Business Account This clause 6.3 only applies to Non-Tag If we detect your Vehicle travelling on EastLink, we ll charge your account with the applicable EastLink Toll plus the Image Processing Fee for each and every trip. You must ensure that the licence plates for each of your Vehicles are correctly fi tted and displayed whenever your Vehicle travels on EastLink, CityLink or another Compatible Toll Road. 7

5 7 Using CityLink and other Compatible Toll Roads 7.1 Applicable charges You ll need to check with the relevant toll road operator to fi nd out the applicable charges for travel on other toll roads. Tolls and any other applicable charges for travel on other toll roads aren t available on our Website. 7.2 Travel on CityLink and other Compatible Toll Roads with a Tag Business Account This clause 7.2 only applies to Tag a) If we re notifi ed by the operator of CityLink or another Compatible Toll Road that it detected your Tag travelling on CityLink or that other Compatible Toll Road, we ll charge your account with the applicable charges imposed by CityLink or that other Compatible Toll Road operator. b) If we re notifi ed by the operator of CityLink or another Compatible Toll Road that it detected your Vehicle travelling on CityLink or that other Compatible Toll Road but didn t detect your Tag, we ll charge your account with the applicable charges imposed by CityLink or that other Compatible Toll Road operator. These charges may include any applicable image processing fee (unless the failure to detect your Tag is attributable to a faulty Tag). If the operator of CityLink or another Compatible Toll Road contacts you directly and requires you to pay the applicable charges and administrative fees for travel on CityLink or that other Compatible Toll Road, that may be because your Account Details are not up to date. In that case, you should contact us promptly. 7.3 Travel on CityLink and other Compatible Toll Roads with a Non-Tag Business Account This clause 7.3 only applies to Non-Tag a) If we re notifi ed by the operator of CityLink or another Compatible Toll Road that it detected your Vehicle travelling on CityLink or that other Compatible Toll Road, we ll charge your account with the applicable charges imposed by CityLink or that other Compatible Toll Road operator. These charges may include any applicable image processing fee. If the operator of CityLink or another Compatible Toll Road contacts you directly and requires you to pay the applicable charges and administrative fees for travel on CityLink or that other Compatible Toll Road, that may be because your Account Details are not up to date. In that case, you should contact us promptly. b) If your Vehicle travels on a toll road other than a Compatible Toll Road, you should contact that toll road operator to make arrangements to pay the applicable charges for that travel. If you don t do so, the driver or the registered owner of the Vehicle may receive an invoice or request for payment from the toll road operator and may be guilty of an offence. 8 Lost or stolen items 8.1 Notification of Lost Item If any of your Tags or your Vehicles or the licence plate for any of your Vehicles (each a Lost Item) is lost or stolen, you must notify us. You must provide us with a statement in writing relating to the Lost Item if we ask for it. 8.2 Notification of Recovered Item If a Lost Item has been recovered or replaced (in either case, a Recovered Item), you must notify us with the Account Details we need before you allow the Recovered Item to travel on EastLink, CityLink or another Compatible Toll Road. If you don t do so and the Recovered Item is detected travelling on EastLink, CityLink or another Compatible Toll Road, the driver or the registered owner of the Vehicle may receive an invoice or request for payment and may be guilty of an offence. 8.3 Charges for travel on EastLink, CityLink or other Compatible Toll Roads a) If you ve done the things referred to in clause 8.1, and your Lost Item is detected on EastLink, CityLink or another Compatible Toll Road, we won t charge the applicable charges for that travel to your account (or we ll credit these amounts to your account if they have already been paid). b) We ll charge your account with the applicable charges for travel if a Recovered Item is detected on EastLink, CityLink or another Compatible Toll Road on or after the date that we believe, on reasonable grounds, or that you notify us, is the date that you obtained the Recovered Item. 9

6 9 Suspension and closure 9.1 Trigger Events a) The following table (opposite) lists the grounds upon which we may suspend or close your account (each a Trigger Event). b) We won t suspend or close your account if you take the corresponding Remedial Action within the corresponding notice period. a) this agreement won t apply to such travel on EastLink, CityLink or that other Compatible Toll Road; b) the registered owner or driver of the Vehicle may be guilty of an offence under the Act or the applicable legislation for CityLink or that other Compatible Toll Road; and c) Despite clause 9.6(b), you won t be required to pay the Tag Missing Fee if, prior to incurring the obligation to pay the Tag Missing Fee, you ve paid an aggregate amount of EastLink Tolls in respect of your account equal to or exceeding the Tag Missing Fee Waiver Amount. v) any amounts we owe you under this agreement, including any applicable Tag Replacement Fee paid by you which hasn t already been credited to your account. b) You must pay the net amount set out in the statement in accordance with the payment terms specifi ed in clause 3.5. c) We ll notify you when we suspend or close your account. d) A suspension of your account means that your rights under this agreement are temporarily suspended until you take the required Remedial Action. If your account has been suspended, we ll end the suspension if you take the required Remedial Action. We ll notify you when we end the suspension. 9.2 Voluntary closure You may ask us to close your account at any time by notifying us. 9.3 Effect of suspension or closure on registration a) If your account is suspended, the registration of your Vehicles on the EastLink Register will be suspended. b) If your account is closed, the registration of your Vehicles on the EastLink Register will be cancelled. 9.4 Effect of suspension or closure on travel If any of your Tags (where applicable) or your Vehicles is detected travelling on EastLink, CityLink or another Compatible Toll Road while your account is suspended or after your account has been closed: c) the registered owner or driver of the Vehicle may receive an invoice or request for payment of the applicable tolls and fees for that travel on EastLink, CityLink or the Compatible Toll Road. 9.5 Payments for travel before suspension or closure After suspension or closure of your account, we may charge your account with the applicable tolls and fees for travel by your Tags or your Vehicles on EastLink, CityLink or any other Compatible Toll Road that occurred before suspension or closure of your account. 9.6 Obligation to return Tags This clause 9.6 only applies to Tag a) When your account is closed you must return all your Tags that you haven t already returned. b) You must pay to us the Tag Missing Fee for: i) each Tag you don t return within 7 days after your account is closed; and ii) each Tag you return within 7 days after your account is closed that is damaged (beyond fair wear and tear). 9.7 Payment obligations on closure of your account a) After your account is closed, we ll provide you with a statement setting out: i) any outstanding tolls and fees for travel by your Tags (where applicable) and or your Vehicles on EastLink, CityLink or any other Compatible Toll Road, including charges referred to in clause 9.5; ii) any Tag Missing Fee which is due under clause 9.6(b); iii) any outstanding Account Management Fees which are due under clause 3.7; iv) any other amounts you owe us under this agreement; and Trigger Event You don t pay an amount you owe us within 5 days of the date it was due You don t comply with one or more of your other obligations under this agreement We re required by law to suspend or close your account We have reasonable concerns about your creditworthiness Notice period 7 days 5 days 9.8 Ending this agreement This agreement will end when: a) your account is closed; and b) we ve provided you with a statement under clause 9.7(a); and c) the registration of all your Vehicles on the EastLink Register is cancelled; and d) the period for payment of all amounts due under clause 9.7(b) has expired. However, this won t affect your obligation to pay all amounts due under clause 9.7(b) and any other outstanding obligations, such as your obligation to pay the applicable charges for travel on CityLink or another Compatible Toll Road prior to closure of your account and our obligation to pay any amount owed to you. 5 days or less if required by law Immediate for suspension; 5 days for closure Remedial Action Pay the amount due Comply with the relevant obligations Comply with requirements as notifi ed to you, if any Comply with requirements as notifi ed to you, if any in each case 11

7 10 Changes to this agreement a) We may change any of the terms of this agreement at any time by publishing the changed terms on our Website with details of how you may get a copy of them. b) Except where clause 10(c) applies, we ll notify you of any changes at least 14 days prior to them taking effect. If you don t accept these changes, you must close your account in accordance with clause 9.2 prior to the changes taking effect. c) Where changes are neutral or benefi cial to you, we ll notify you of the changes no later than the next statement issued after the changes take effect. Clause 6.1 applies to changes to EastLink Tolls and other charges. 12 General 12.1 Notices to you When we re required to give you a notice (including a statement), we may notify you by any of the following methods and you and all the drivers and registered owners of the Vehicles linked to your account will be taken to have received the notice at the corresponding time specifi ed in the table below: Notice method Time when you re taken to have received the notice Giving the notice to you personally When we give the notice to you 11 Privacy 11.1 Dealing with Personal Information You agree to us collecting, using and disclosing your Personal Information as necessary for this agreement and in accordance with our privacy policy Our privacy policy Our privacy policy (which is available on our Website, on request or at any EastLink shop or customer centre) sets out details of how we collect, use and disclose your Personal Information and explains how you can access the Personal Information we hold about you and seek to have it corrected. Leaving the notice at the address that you last gave us for your account Sending the notice by post to the address that you last gave us for your account Sending the notice by fax to the fax number that you last gave us for your account Sending the notice by to the address that you last gave us for your account Sending the notice by SMS to the mobile phone number that you last gave us for your account When we leave the notice at your address Three business days after we post the notice At the time the fax was sent successfully, according to the transmission report The day after we send the notice by The day after we send the notice by SMS For a Tag Business Account, activating a particular beep pattern on your Tag - refer to our Website for an explanation of the various beep patterns When we signal the Tag to produce the beep pattern Any other way the law allows When you receive the notice 13

8 12.2 Notices to us You may give notices to us by any of the following methods and we ll be taken to have received the notice at the corresponding time specifi ed in the table below. We ll notify you if our contact details change. Notice method Time when we re taken to have received the notice Telephoning us on 13 LINK ( ) When you have provided all the relevant information to us Delivering the notice to Breeze, When the notice has been delivered EastLink Operations Centre, 2 Hillcrest Avenue, Ringwood, VIC 3134 Sending the notice by post to Breeze, Three business days after you post the notice PO Box 744, Ringwood, VIC 3134 Sending the notice by fax to At the time the fax was sent successfully, (03) according to the transmission report Sending the notice by to The day after you send the notice by enquiry@breeze.com.au 12.3 Enquiries, complaints and disputes a) If you have an enquiry or a dispute or wish to make a complaint about the operation of your account or this agreement, you should contact us. b) You may contact us by visiting any EastLink shop or customer centre, by ing enquiry@breeze.com.au or by telephoning or on another number we notify to you. Where this agreement refers you to our Website for further information, you can get the same information by contacting us by telephone. c) A customer service offi cer will respond to you as soon as possible. If you re not satisfi ed with our response, you can have the matter reviewed by our customer relations team. d) If you are still not satisfi ed with our response, you may take your complaint to the EastLink customer ombudsman. Contact details for the EastLink customer ombudsman and information about the role of the EastLink customer ombudsman are available on our Website Our liability a) We ll use reasonable care and skill in providing our services but we cannot guarantee that they ll be fault free. c) You have certain implied rights under consumer protection laws and this agreement doesn t exclude, restrict or limit any rights which cannot lawfully be excluded, restricted or limited. Where it is reasonable and lawful to do so, our liability is limited to resupplying or paying the cost of resupplying relevant services and repairing, replacing or paying the cost of repairing or replacing relevant goods. d) Subject to clause 12.4(c), we exclude all other liability to you for breach of contract, negligence or breach of any other law, and all liability to you for any indirect or consequential damages arising from this agreement Assignment We may assign our rights under this agreement to another person at any time without notifying you. If you wish to change the person who is the customer for your account, you must ask us Governing law This agreement is governed by the laws of Victoria. b) This agreement doesn t require us to ensure that EastLink, CityLink or any other Compatible Toll Road is available for use or is of any particular standard or state of repair. This agreement doesn t impose or imply any liability to you for any loss or damage arising from your use of EastLink, CityLink or any other Compatible Toll Road. 15

9 13 Interpretation 13.1 Definitions Account Details means: a) your name and address to which statements and other correspondence should be posted; b) the Licence Plate Details for each Vehicle linked to your account; and c) such other information as we require to open and administer your account, which may include your bank account or credit card details. Act means the EastLink Project Act 2004 (Vic) including regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them. Annual Tag Usage means the aggregate EastLink Tolls charged to your account for a Tag in a Tag Year. CityLink means the Link road and Extension road as defi ned in the Melbourne City Link Act 1995 (Vic), and any part of those roads. Commercial Vehicle means a Heavy Commercial Vehicle or a Light Commercial Vehicle (each as defi ned on our Website). Compatible Toll Road means CityLink and the other toll roads listed on our Website with whom we have an agreement under which we ll charge your account with the applicable charges for travel on those toll roads by your Vehicle for this kind of account. EastLink means the road connecting the Eastern Freeway at Springvale Road to the Ringwood Bypass and to the Frankston Freeway at Seaford. EastLink Register means the register of Vehicles established and maintained by us in accordance with the Act. EastLink Tolls means the tolls payable for travel on EastLink. KPI Credit means the key performance indicator credit to which you may be entitled based on our performance and calculated and payable in accordance with our agreement with the Government of Victoria. Licence Plate Details means the licence plate number and the State in which the licence plate is registered. Personal Information means information about you, from which your identity could reasonably be ascertained, including your Account Details, records of your use of EastLink, CityLink and other Compatible Toll Roads including photographs and video, and fi nancial information relating to your account including your balance, payments made and amounts owing. Tag means an electronic device issued by us by which we can track the use by Vehicles of EastLink, CityLink and other Compatible Toll Roads. A reference to your Tag means any Tag linked to your account. Tag Year means, for each Tag we issue to you with a Tag Business Account, a period of 12 consecutive months commencing on the date of issue of the Tag to you and on each anniversary of that issue date. Where a Tag is replaced, a Tag Year is calculated by reference to the date of issue of the original Tag. Tolling System means the physical, hardware, software, fi rmware and other aspects of the tolling system used for detecting, identifying, tolling, and charging fees for the use of, or otherwise in connection with, EastLink. Vehicle means a motor vehicle as that term is defi ned in the Road Safety Act 1986 (Vic). A reference to your Vehicle means any Vehicle linked to your account. we means ConnectEast Pty Limited, ABN , and our and us have corresponding meanings. Website means or such other website as we may notify you from time to time. you means the customer specifi ed in the application for an account under this agreement or, where appropriate in the context, the driver of a Vehicle linked to your account, and your has a corresponding meaning. 17

10 13.2 Interpretation Unless the contrary intention appears, a reference in this agreement to: a) the Account Management Fee, Additional Statement Fee, Image Processing Fee, Minimum Annual Tag Usage Amount, Tag Missing Fee, Tag Missing Fee Waiver Amount, or Tag Replacement Fee means the amount published in the Victorian Government Gazette and specifi ed on our Website for that respective amount or fee for this kind of account; b) a document (including this agreement) includes any variation or replacement of it; c) the singular includes the plural and vice versa; d) the word person includes an individual, a fi rm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency; e) an agreement, representation or warranty by two or more persons binds them jointly and each of them individually; and f) a period of time dating from a given day or the day of an act or event, is to be calculated exclusive of that day. Ways to contact us Phone 13 LINK ( ) Internet Breeze.com.au enquiry@breeze.com.au Facsimile Mail Breeze, PO Box 744, Ringwood, Vic 3134 Customer centre Corner of Hillcrest Avenue and Maroondah Highway, Ringwood, Vic 3134 (Melway 49 E9) TTY Speech to speech relay Greek, Italian, Arabic, Chinese and Vietnamese language service The pebble outline is a trademark of ConnectEast Pty Ltd.